Who is placed on probation

Criminal Law Contents. Probation A judge may grant probation as an alternative to imposing a jail sentence. Parole In contrast to probation, parole is a privilege awarded after an offender has served a portion of their prison sentence.

Criminal Law. Aggravating and Mitigating Factors in Criminal Sentencing. Restitution for Crime Victims. Receiving Immunity for Testimony in a Criminal Case.

Classification of Criminal Offenses. Alcohol Crimes. Parole and Probation. Probation Violations. Expungement and Sealing of Criminal Records. Offenses Included in Other Crimes. Derivative Responsibility for Crimes.

Working with a Criminal Lawyer. Find a Criminal Law Lawyer. Justia Legal Resources. Formal also called active probation requires probationers to report as directed to probation officers in person, by mail, or by telephone. Typically, state and county agencies operate supervision departments.

A handful of states contract with private probation companies to supervise probationers and monitor compliance. Probationers on informal also called inactive, court, or summary probation don't have probation officers. They report directly to the court when necessary to provide proof of completion of conditions like community service , pay fines and fees, update contact information, or report a new arrest or conviction. Probation in felony cases will almost always be formal. Informal probation is more common in misdemeanor cases.

When probationers perform well, judges might have the discretion to modify probation from formal to informal. Probationers who violate fail to comply with conditions of probation face consequences ranging from a warning from their probation officers to incarceration.

Probationers are entitled to a hearing in front of a judge when a probation officer or a district attorney alleges a violation of probation.

The burden is on the prosecution to prove the violation by a preponderance of the evidence a more likely than not standard. If the judge finds or the probationer admits a violation, the judge decides whether to revoke terminate or reinstate continue probation.

When probation is revoked, the judge can require the defendant to serve the suspended jail or prison time. When probation is reinstated, probation continues with or without modifications to conditions.

Probationers successfully complete probation when they satisfy all conditions, attend all required court appearances, and remain crime-free. Probation typically ends on a date set at sentencing, but probationers who are doing particularly well might earn an early termination. Probationers who successfully complete probation might be eligible to expunge seal, erase, or limit public access their criminal records depending on the nature of the conviction. If you are facing a sentence that includes probation, be sure to ask your lawyer for information on how probation works in your county or state.

If you are uncertain about a condition of your probation, ask a lawyer for clarification. Failing to comply with the terms of your probation can land you in jail or prison.

If you've been accused of violating your probation, be sure to consult an experienced attorney who can represent you in court. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

If you break a state law, you can be placed on probation. Probation is available for both felony and misdemeanor offenses in all 50 states. Probation is usually used as the sole punishment for first time offenses or crimes that are not very serious. It is also used in conjunction with jail sentences for supervising people who have to pay restitution or for monitoring serious offenders who have strict conditions for their transition from jail to regular life.

In both the State and Federal system, felony probation is stricter than misdemeanor probation. The typical felony probation sentence is at least 18 months in length.

The probation period may last for the maximum amount of time allowed for your particular offense. So while 18 months is the usual minimum term, the maximum term for a probation sentence may be 5, 10 or 25 years. Felony probation can be transferred from state to state if permission is given by the Department of Corrections. You need permission from both the state you want to leave, and the state you want to move to.

However, if either state objects then you can not move until your probation sentence is completed. The maximum probation sentence for a misdemeanor crime is usually one year.

For some offenses it is only six months. Misdemeanor probation is usually not able to be transferred. But there are procedures in place to allow a person to move out of the county or state. Just because you are on mail in probation does not mean that you can not be violated.

Any change in your address or place of residence must be allowed for, and approved, by the court. The U. Probation and Pretrial Services System supervises probation at the federal level. This is true whether you are placed on felony or misdemeanor probation. Federal Probation Officers are divided into two different systems The Pre-Sentence Investigation Units who conduct investigations into the background of defendants convicted of federal crimes and submit a sentencing recommendation to the presiding judge; and the Supervision Units who supervise individuals sentenced to probation.

Supervision Officers also perform duties connected with federal parole. The Supervision officers are given discretion in their supervision of their offenders.